Marni Soupcoff: Employers have no rights to Facebook or underwear drawers

What would you do if you showed up for a job interview and the first question you were asked was, “What’s your Facebook password?”

It’s a ridiculously intrusive way to treat a potential employee, but according to a news report, more and more businesses are making a habit of demanding such private information as part of their “background check” of job seekers. As George Washington University Law Professor Orin Kerr puts it, making a job contingent on receiving the applicant’s Facebook password is “akin to requiring someone’s house key.” True a potential employer needs to know if you’re a security risk, but does he really need to snoop around your underwear drawer and check the cleanliness of your toilet?

Some people make idiotic use of Facebook.They post inappropriate photos and status updates, make them publicly available (or available to a large group of “friends” including people they barely know) then are surprised when they’re called to task by irate employers who get wind of their indiscretions. It’s sort of like they give out their house keys to random strangers, then get surprised or upset when those strangers let the boss know about the gang meetings that are taking place in their home.

I have no sympathy for these dummies: One should assume that anything that gets posted on Facebook could potentially become public and proceed accordingly by a) being mindful of one’s privacy settings and friend choices (don’t leave your house keys hanging around on park benches) and b) refraining from doing anything on Facebook that would be a firing offense if it were made public (don’t hold gang meetings in your home. Better yet, don’t hold gang meetings at all. Don’t even join a gang.)

Having said that, there’s still no excuse for potential employers demanding a Facebook password. It’s their responsibility to do their own due diligence on potential hires. They should check applicants’ public Facebook profiles for red flags, as well as reviewing resumes and calling references. They should not, however, take advantage of job seekers’ desperation for a pay check by requiring personal information to which they have no legal or moral right.